Critics slam Portsmouth zoning proposal

PORTSMOUTH — Is a small, vocal minority trying to steer city politics?

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By Charles McMahon

seacoastonline.com

By Charles McMahon

Posted Jan. 15, 2014 at 2:00 AM

By Charles McMahon
Posted Jan. 15, 2014 at 2:00 AM

» Social News

PORTSMOUTH — Is a small, vocal minority trying to steer city politics?

The question came up at Monday's City Council meeting as councilors debated a series of proposed zoning changes to the downtown.

"I smell a rat," resident Bob Shouse said in reference to proposed changes made by Councilor Esther Kennedy.

The multipronged proposal made by Kennedy on Monday night suggested several changes to the city's zoning laws. Changes included the creation of two new zoning districts, a new set of limits on building height and massing in the downtown, as well as the elimination of a current process that allows a developer to seek a conditional-use permit from the Historic District Commission should he or she want to construct a building higher than 45 feet or 3½ stories.

The council ultimately voted against passing a first reading of Kennedy's proposal, but not before hearing from residents for and against the idea.

As one of nearly 20 speakers, Shouse said he was concerned a small, vocal group of residents were behind Kennedy's proposal. While not naming the group, Shouse made several references to members of Portsmouth Now!, a local civic group focused on development in the city.

"This was obviously a group effort being submitted under your name only," Shouse said while addressing Kennedy. "Your agenda is obvious, as well as needless, and your backers are apparent."

Councilor Eric Spear also questioned the motive behind Kennedy's proposed changes, saying they appeared to be drafted by a "secret group of councilors" who were meeting in private with leaders of Portsmouth Now!

Spear gave no indication of the number of councilors he thought may have met, but there are restrictions on councilors gathering outside of legally noticed meetings. Per state law, whenever a majority of members of an elected body convene, it constitutes an official meeting of the elected body, the subject of which is public under the Right to Know law.

Following up on his comments, Spear reaffirmed on Tuesday his opinion that no council business should be done behind closed doors.

"I really believe that public debate among councilors should take place in the public," he said. "There shouldn't be a group of councilors meeting to come up with their own agenda, and then try and force it through the council."

Spear said he thinks behind-the-scenes discussions could damage the entire council's credibility. "We're trying to achieve transparency and inclusiveness," he said.

In responding to the allegations, Kennedy said Tuesday that her proposal was the result of listening to her constituency. The proposal, she said, came from a "group of individuals," not all of whom represent Portsmouth Now!

"It was a group of individuals that have concerns about development," she said. "I was part of the group that put together the information that I brought forward (Monday night). We worked collectively."

Kennedy said she will continue to advocate for residents. "I always listen to the citizens," she said. "I've done that for years."

Similar to concerns of Portsmouth Now!, Kennedy said she first became concerned with the issue of development when the Planning Board implemented the "design review" process without having any council input.

"It was concerning to me that that could happen without people having some kind of knowledge," she said.

Kennedy said she has also heard from residents concerned about the amount of growth taking place in town.

"The buildings that are going up have really offended a lot of people," she said. "There is this urgency that we need to do something. It was one of the things that everyone said on the campaign trail."

Kennedy said her zoning proposal was made in an effort to combat the amount of development in the city. Bypassing the traditional process of passing new zoning laws after months of review, Kennedy said she wanted to get her proposal to the public as quickly as possible.

The City Council last approved a major rewrite of the zoning ordinance in 2009, after two years of review with dozens of meetings, hearings and hundreds of hours of staff and consultants' time. The result was a 230-page document that implemented new laws based on the 2005 master plan.

Kennedy was among councilors who voted unanimously for the new zoning ordinance.

While the council shot down the first reading of her proposal Monday night, Kennedy said she was pleased with the decision to have her proposed changes studied by the Planning Department.

"I think that outcome is very positive," she said. "I think it really tells me that other councilors are listening to the community, too, and believe that the community is very upset, frustrated and angry with the growth."